Expert Group and Advisory Group Review of Abortion Law information: FOI release

Information requested

1) The names of the members of the Advisory Group of reproductive rights, women’s, and equalities organisations who provided input to the Review of Abortion Law in Scotland.

2) Minutes from all meetings of the Advisory Group, including draft or informal records where final minutes do not exist.

3) All correspondence between members of the Expert Group and the Advisory Group, including but not limited to emails, letters, and notes of meetings or discussions.

Response

I enclose a copy of most of the information you requested. You requested the meeting notes of the advisory group. I should note that we are releasing the two sets of notes that exist. After the second meeting, the advisory group changed the way it provided input to the expert group. Instead of further minutes, members began submitting their views and comments in writing directly to the expert group, the same way as other stakeholder organisations. As a result, no further meeting notes were produced.

An exemption under section s.38(1) (b) of FOISA applies to some of the information you have requested. This exemption covers personal data of 3rd parties.

This exemption is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

An exemption under section s.30(b)(ii) of FOISA applies to some of the information you have requested. This exemption covers the free and frank exchange of views for the purposes of deliberation.

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release as part of open, transparent and accountable government, and to inform public debate.

However, this is outweighed by the public interest in allowing for private advice and debate both within the Scottish Government and with stakeholders as part of the process of exploring and refining the Government’s policy position, until the Government as a whole can adopt a policy that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers, officials and stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202600504169 - Information released - Annex

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